410 Ind. Admin. Code 39-2-1

Current through November 6, 2024
Section 410 IAC 39-2-1 - Certification process

Authority: IC 16-21-13-5

Affected: IC 4-21.5; IC 16-21-13

Sec. 1.

(a) Each delivering facility that provides birthing services in Indiana must be certified for a level of care based on the services provided as follows:
(1) The obstetric level of care and the neonatal level of care must either match or be no more than one (1) level apart, unless a neonatal unit does not have a corresponding obstetric unit.
(2) Facilities should only accept mothers and newborns appropriate to the facility's level of care except in case of emergency. Risk appropriate care requires consideration of maternal risk factors and the gestational age and risk factors of her unborn infant.
(b) Each facility shall complete an application and specify at which level of care the facility seeks certification as follows:
(1) Facilities applying for either a Level III or Level IV certification must submit a completed application to the department not later than six (6) months after the effective date of this rule.
(2) Facilities applying for Level II certification must submit a completed application to the department not later than twelve (12) months after the effective date of this rule.
(3) Facilities applying for Level I certification must submit a completed application to the department not later than twenty-four (24) months after the effective date of this rule.
(4) Birth centers must submit verification of accreditation within twenty-four (24) months after the effective date of this rule.
(5) Facilities that open new obstetric or neonatal services after the effective date of this rule must apply for certification not later than six (6) months prior to offering services. A formal certification survey will take place not later than six (6) months after the facility begins providing obstetric or neonatal services.
(c) Upon receipt of a facility's application, the department will review the application. As follows, the department:
(1) May request additional documents and the facility shall provide them.
(2) Shall conduct an onsite survey of the facility after the department has received and reviewed the application and any additional documents requested.
(3) Shall provide the facility with a written survey report within thirty (30) days of completing the onsite survey. The survey report shall include a description of any deficiencies.
(d) If the facility does not meet the requirements of the level of care for which it has applied, the facility will receive certification at the level of care for which it meets the minimum requirements.
(e) The department shall not deny a certification to a facility that meets the minimum requirements of this rule for certification.
(f) The certification granted through this rule shall be valid for three (3) years from the date of issuance as follows:
(1) The certification for a level of care may be removed within the three (3) years if the department determines that the facility no longer meets the level of care at which the department previously certified.
(2) An application for recertification must be submitted not later than three (3) months before the expiration of the current certification.
(3) A facility may submit a new application for lower certification at any time. A facility shall submit a new application for lower certification any time there is a permanent substantial change that would affect the ability to meet the standards of the current level of care certification.
(g) A decision by the department under this article is subject to review under IC 4-21.5.
(h) The department, at its discretion, may request documents, conduct surveys, or both, if it has reason to believe that a facility may not be meeting the requirements of its current certification.
(i) A certification issued under this article must be conspicuously posted on the premises in an area open to and frequently accessed by patients.

410 IAC 39-2-1

Indiana State Department of Health; 410 IAC 39-2-1; filed 8/14/2019, 3:32 p.m.: 20190911-IR-410180416FRA